Journal of the House of Representatives
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

Page Finder Index

| Printed Page 172, Jan. 11 | Printed Page 190, Jan. 16 |

Printed Page 180 . . . . . Thursday, January 11, 1996

RECORD FOR VOTING

The lock on my voting console was broken. Had I been able to vote, I would have voted yes.

Rep. THEODORE A. BROWN

MOTION ADOPTED

Rep. H. BROWN moved that H. 4425, a Joint Resolution making appropriations from fiscal year 1994-95 surplus general fund revenues, be set for Special Order upon the completion of the uncontested Calendar on Wednesday, January 17, which was adopted.

MOTION NOTED

Rep. LANFORD moved to reconsider the vote whereby debate was adjourned until Tuesday, March 12 on H. 3380 and the motion was noted.

Rep. RISER moved that the House do now adjourn, which was adopted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4310 -- Reps. McElveen, G. Brown, Canty, Neal, J. Young, Harvin, Baxley, T. Brown and Kennedy: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE DAVID F. MCINNIS OF SUMTER COUNTY FOR HIS OUTSTANDING SERVICE AS JUDGE OF THE THIRD JUDICIAL CIRCUIT AND EXTENDING JUDGE MCINNIS OUR BEST WISHES FOR HAPPINESS FOLLOWING HIS RETIREMENT FROM THE CIRCUIT BENCH.

ADJOURNMENT

At 12:20 P.M. the House in accordance with the motion of Rep. HALLMAN adjourned in memory of former Town Council member and Magistrate, Paul A. Foster of Mt. Pleasant, to meet at 10:00 A.M. tomorrow.

* * *


Printed Page 181 . . . . . Friday, January 12, 1996

Friday, January 12, 1996

(Local Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

We thank You, Lord God, that You are our Father. Make us to hear at all times Your divine voice which guides, blesses and reassures. Make us to know that we are always under the scrutiny of Your all-seeing eye. Spare us from cleverness above charity, humor above honor. Make us to know that in the daily duties placed in our hands our effectiveness depends on the degree of surrender we make of our self-centered ways to the final control of Your will in which we alone find peace.

Hear us, Lord, as we pray to our God more ready to hear our prayers than we are to pray. Amen.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

SENT TO THE SENATE

The following Bills were taken up, read the third time, and ordered sent to the Senate.

H. 3339 -- Rep. Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1538 SO AS TO REQUIRE DRIVERS OF MOTOR VEHICLES TRAVELING THROUGH AN EMERGENCY SCENE TO USE CAUTION AND DRIVE AT A REASONABLE SPEED, PROVIDE PENALTIES, AND PROVIDE EMERGENCY WORKERS CONTROL OVER THE EMERGENCY SCENE.

H. 4351 -- Reps. Walker, Byrd, D. Smith, Allison, Baxley, J. Brown, Cain, Chamblee, Cobb-Hunter, Cooper, Cromer, Davenport, Gamble, Harrell, J. Harris, Harvin, Haskins, Herdklotz, Huff, Jaskwhich, Kelley, Kinon, Lanford, Littlejohn, McMahand, Meacham, Phillips, Robinson, R. Smith, Stille, Townsend, Vaughn, Wells, Wilder, Wilkes, Wilkins, Wright, J. Young, Inabinett, Keyserling, Hutson, Bailey, Witherspoon, Riser, Law, Simrill, Seithel, Cave, Richardson and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS


Printed Page 182 . . . . . Friday, January 12, 1996

TO ENACT THE GIFT OF LIFE ORGAN AND TISSUE PROCUREMENT ACT OF 1996 BY ADDING SECTION 12-6-5065 SO AS TO PROVIDE FOR A DESIGNATION ON STATE INCOME TAX FORMS ENABLING A TAXPAYER TO MAKE A CONTRIBUTION TO THE GIFT OF LIFE TRUST FUND; BY ADDING ARTICLE 13 TO TITLE 44, CHAPTER 43 SO AS TO ESTABLISH THE GIFT OF LIFE TRUST FUND, TO PROVIDE FOR ITS BOARD OF DIRECTORS, DUTIES, AND FOR EXPENDITURE OF FUNDS; AND BY ADDING SECTION 56-1-143 SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE AND TAXATION SHALL OFFER PERSONS OBTAINING OR RENEWING A DRIVER'S LICENSE THE OPPORTUNITY TO VOLUNTARILY CONTRIBUTE ONE DOLLAR TO THE GIFT OF LIFE TRUST FUND AND THESE FUNDS MUST BE CREDITED TO AN ACCOUNT IN THE STATE TREASURER'S OFFICE FOR USE BY THE TRUST FUND.

ADJOURNMENT

At 10:15 A.M. the House in accordance with the ruling of the SPEAKER adjourned to meet at 12:00 Noon, Tuesday, January 16.

* * *


Printed Page 183 . . . . . Tuesday, January 16, 1996

Tuesday, January 16, 1996

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Lord, keep us worthy of the unique positions to which we have been elected:

Not by shielding us against disappointment and pain, but by strengthening us when they come;

Not by taking hardships from us, but by taking all cowardice and fear from our hearts;

Not by making our paths easy, but by making us sturdy enough to tread any path;

Not by granting unbroken sunshine, but by making our faces bright even in the shadows.

So help us, God, to live nobly when it rains as in the sunshine. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. TRIPP moved that when the House adjourns, it adjourn in memory of Nicholas Camerato and Brandon Hatsell of Simpsonville, which was agreed to.


Printed Page 184 . . . . . Tuesday, January 16, 1996

RESIGNATION

The following was received.

HOUSE OF REPRESENTATIVES

STATE OF SOUTH CAROLINA

January 16, 1996
The Honorable David H. Wilkins
Speaker of the House of Representatives
508 Blatt Building
Columbia, S.C. 29201

Dear Mr. Speaker:

I herewith tender my resignation as Representative for House District 83 to be effective January 16, 1996, at 12:00 midnight.

It is with a bittersweetness that I leave this institution that has meant so much to me over the last 18 years. I wish to thank you for all of your support and most importantly for your friendship.

With kind regards, I am

Sincerely,
THOMAS E. HUFF

Received as information.

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration.

Document No. 1900
Promulgated By Department of Health and Environmental Control
Retail Food Store (Repeal)
Received By Speaker January 15, 1996
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date May 15, 1996


Printed Page 185 . . . . . Tuesday, January 16, 1996

Document No. 1902
Promulgated By Department of Health and Environmental Control
Submission of Engineering Reports and Environmental Impact Statements
Received By Speaker January 16, 1996
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 16, 1996

Document No. 1914
Promulgated By Department of Health and Environmental Control
Standards for Performance for Asbestos Abatement Operations
Received By Speaker January 16, 1996
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date May 16, 1996

Document No. 1916
Promulgated By Department of Health and Environmental Control
Pit Privies
Received By Speaker January 15, 1996
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 15, 1996

Document No. 1917
Promulgated By Workers' Compensation Commission
Words and Phrases, Defined; Filing with the Commission, Defined; Periodic Report; Status Report and Compensation Receipt; Terminating Temporary Total or Temporary Partial Compensation Benefits; Adjusting the Compensation Rate; Settlement, Form 16; Settlement by Agreement and Final Release; Informal Conference; Fines, Assessment and Review
Received By Speaker January 15, 1996
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date May 15, 1996

HOUSE RESOLUTION

On motion of Rep. WRIGHT, with unanimous consent, the following was taken up for immediate consideration:

H. 4437 -- Rep. Wright: A HOUSE RESOLUTION TO ALLOW THE 1996 ATLANTA OLYMPICS MASCOT "IZZY" AND HIS PARTY THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF


Printed Page 186 . . . . . Tuesday, January 16, 1996

REPRESENTATIVES ON WEDNESDAY, JANUARY 24, 1996, FOR THE PURPOSE OF WISHING HIM AND THE ATLANTA ORGANIZING COMMITTEE GREAT SUCCESS IN THE STAGING OF THE CENTENNIAL OLYMPIC GAMES.

Be it resolved by the House of Representatives:

That the 1996 Atlanta Olympics mascot "Izzy" and his party are given the privilege of the floor of the House of Representatives at a time to be determined by the Speaker on Wednesday, January 24, 1996, for the purpose of wishing him and the Atlanta Organizing Committee great success in the staging of the centennial Olympic Games.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4438 -- Reps. Wilder, Stoddard and Carnell: A CONCURRENT RESOLUTION CONGRATULATING A. CARROLL BARKER, POLICE CHIEF OF THE CITY OF CLINTON, ON HIS ELECTION AS POTENTATE OF HEJAZ SHRINE TEMPLE.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

On motion of Rep. HASKINS, with unanimous consent, the following was taken up for immediate consideration:

H. 4439 -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Sharpe, Harrison, Townsend and Cato: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, DAVID M. BEASLEY, GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 24, 1996, AT THE KOGER CENTER FOR THE ARTS.

Be it resolved by the House of Representatives, the Senate concurring:

That His Excellency, David M. Beasley, Governor of the State of South Carolina, is invited to address the General Assembly in joint session at 7:00 p.m. on Wednesday, January 24, 1996, at the Koger Center for The Arts.


Printed Page 187 . . . . . Tuesday, January 16, 1996

The Concurrent Resolution was agreed to and ordered sent to the Senate.

INTRODUCTION OF BILLS

The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:

H. 4440 -- Reps. Cooper, Wilder, Sharpe, Herdklotz, Limbaugh, Mason, Simrill, Sandifer, Jaskwhich, Littlejohn, Bailey, Hutson, Cobb-Hunter, Koon, Stuart, McTeer, Kennedy, R. Smith, McKay, Stille, Young-Brickell, Davenport, Robinson, Haskins, Huff, Cromer, Vaughn, Thomas and Easterday: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE VI, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO OFFICES BY ADDING SECTION 7A SO AS TO ABOLISH THE OFFICE OF SECRETARY OF STATE AND PROVIDE FOR ITS FUNCTIONS AND DUTIES TO BE DEVOLVED ONTO OTHER STATE CONSTITUTIONAL OFFICES OR STATE AGENCIES IN THE MANNER THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW.

Referred to Committee on Judiciary.

H. 4441 -- Reps. Cain, Herdklotz, Rice, Seithel, Hallman, McCraw, Sandifer, Littlejohn, Lanford, Whatley, Fulmer, Jaskwhich, McKay, Limehouse, Robinson, Chamblee, Bailey, Stille, Martin, R. Smith, Huff, Sharpe, Lloyd, Haskins, Davenport, Vaughn, Riser, Askins, G. Brown, Harvin, Phillips and Felder: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION AND ASSESSMENT RATIOS OF PROPERTY FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO PROVIDE A MAXIMUM ROLLBACK TAX OF ONE HUNDRED DOLLARS WHEN REAL PROPERTY IS CHANGED FROM AGRICULTURAL USE.

Referred to Committee on Ways and Means.

H. 4442 -- Reps. Vaughn, McMahand, Cato, Rice, Anderson, Herdklotz, Tripp, Haskins, Wilkins, Easterday and Jaskwhich: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF AUGUST 28, 1995, MISSED BY THE STUDENTS OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY WHEN THE DISTRICT'S SCHOOLS WERE CLOSED DUE TO RECORD-SETTING RAINS, HEAVY FLOODING, AND CLOSED ROADS IS EXEMPTED FROM THE


Printed Page 188 . . . . . Tuesday, January 16, 1996

MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

On motion of Rep. VAUGHN, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4443 -- Reps. Wright, Richardson, Cooper, Townsend, Allison, Littlejohn, Kelley and Jaskwhich: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 40 SO AS TO ENACT THE SOUTH CAROLINA CHARTER SCHOOL ACT WHICH PROVIDES FOR THE MANNER IN WHICH A CHARTER SCHOOL SHALL BE FORMED, FUNDED, REGULATED, AND GOVERNED, AND TO ESTABLISH A CHARTER SCHOOLS REVIEW COMMITTEE TO REVIEW THE IMPLEMENTATION AND EFFECTIVENESS OF THIS ACT.

Referred to Committee on Education and Public Works.

H. 4444 -- Rep. Sharpe: A BILL TO AMEND SECTIONS 38-43-105 AND 38-43-106, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION AND CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO EXEMPT FROM THESE REQUIREMENTS AGENTS WHO SELL PRE-PAID LEGAL INSURANCE.

Referred to Committee on Labor, Commerce and Industry.

H. 4445 -- Reps. Harrison, Baxley, Martin, D. Smith, Wofford, Jennings, Kelley and J. Young: A BILL TO AMEND SECTION 1-23-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES IN CONTESTED CASES UNDER THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO PROVIDE THAT ALL CONTESTED CASE PROCEEDINGS BEFORE AN ADMINISTRATIVE LAW JUDGE SHALL BE GOVERNED BY THE RULES OF PROCEDURE OF THE ADMINISTRATIVE LAW JUDGE DIVISION; TO AMEND SECTION 1-23-330, RELATING TO EVIDENTIARY MATTERS IN CONTESTED CASES, SO AS TO PROVIDE THAT THE STANDARD OF PROOF SHALL BE THE PREPONDERANCE OF THE EVIDENCE EXCEPT IN PROFESSIONAL LICENSING CASES IN WHICH THE STANDARD OF PROOF SHALL BE CLEAR AND CONVINCING EVIDENCE; TO AMEND SECTION 1-23-570, RELATING TO THE CHIEF JUDGE OF


Printed Page 189 . . . . . Tuesday, January 16, 1996

THE ADMINISTRATIVE LAW JUDGE DIVISION BEING RESPONSIBLE FOR THE ADMINISTRATION OF THE DIVISION, SO AS TO PROVIDE THAT THE CHIEF JUDGE SHALL ASSIGN JUDGES TO HEAR ALL CASES RATHER THAN CONTESTED CASES COMING BEFORE THE DIVISION; TO AMEND SECTION 1-23-580, RELATING TO THE CLERK OF THE ADMINISTRATIVE LAW JUDGE DIVISION AND OTHER SUPPORT STAFF, SO AS TO FURTHER PROVIDE FOR THE AUTHORITY OF THE CHIEF JUDGE TO HIRE AND SUPERVISE CERTAIN SUPPORT STAFF, AND TO PROVIDE THAT EACH ADMINISTRATIVE LAW JUDGE MAY APPOINT, HIRE, CONTRACT, AND SUPERVISE AN ADMINISTRATIVE ASSISTANT AS INDIVIDUALLY ALLOTTED AND AUTHORIZED IN THE ANNUAL GENERAL APPROPRIATIONS ACT; TO AMEND SECTION 1-23-650, AS AMENDED, RELATING TO RULES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO FURTHER PROVIDE FOR THESE RULES AND THEIR PROMULGATION AND REVIEW; AND TO AMEND SECTION 48-39-160, AS AMENDED, RELATING TO JURISDICTION OF THE CIRCUIT COURT TO RESTRAIN VIOLATIONS OF COASTAL ZONE PROVISIONS, SO AS TO TRANSFER THIS JURISDICTION TO THE ADMINISTRATIVE LAW JUDGE DIVISION.

Referred to Committee on Judiciary.

S. 935 -- Senators Lander, Courson, Rose, Hayes, Alexander, Short, Wilson, Boan, Washington, Elliott, Drummond, J. Verne Smith, Holland, Leventis, Giese, O'Dell, Reese, Gregory and Mescher: A BILL TO ENACT THE GIFT OF LIFE ORGAN AND TISSUE PROCUREMENT ACT OF 1996 BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-5065 SO AS TO PROVIDE FOR A DESIGNATION ON STATE INCOME TAX FORMS ENABLING A TAXPAYER TO MAKE A CONTRIBUTION TO THE GIFT OF LIFE TRUST FUND; BY ADDING ARTICLE 13 TO TITLE 44, CHAPTER 43 SO AS TO ESTABLISH THE GIFT OF LIFE TRUST FUND, TO PROVIDE FOR ITS BOARD OF DIRECTORS, DUTIES, AND FOR EXPENDITURE OF FUNDS; AND BY ADDING SECTION 56-1-143 SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE AND TAXATION SHALL OFFER PERSONS OBTAINING OR RENEWING A DRIVER'S LICENSE THE OPPORTUNITY TO VOLUNTARILY CONTRIBUTE ONE DOLLAR TO THE GIFT OF LIFE TRUST FUND AND THESE FUNDS MUST BE CREDITED TO


Printed Page 190 . . . . . Tuesday, January 16, 1996

AN ACCOUNT IN THE STATE TREASURER'S OFFICE FOR USE BY THE TRUST FUND.

Referred to Committee on Ways and Means.


| Printed Page 172, Jan. 11 | Printed Page 190, Jan. 16 |

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